Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 263 Subsection 29(2) of LA FOIP provides discretion on the head to disclose the personal information of a deceased individual before 25 years after death to the individual’s next of kin where it is deemed not to constitute an unreasonable invasion of privacy. Next of kin is a person’s nearest relative by blood or marriage which could include: a cousin, grandparent, niece or nephew, who has close ties to the individual who is deceased. For example: • Spouse, parent, child. • Cousins brought up together as siblings. • A grandchild brought up by grandparents.890 LA FOIP does not define what constitutes an “unreasonable invasion of privacy”. However, other jurisdictions in Canada have what constitutes an unreasonable invasion of privacy built into its privacy legislation. Section 30: Access to Personal Information Individual’s access to personal information 30(1) Subject to Part III and subsections (2) and (3), an individual whose personal information is contained in a record in the possession or under the control of a local authority has a right to, and: (a) on an application made in accordance with Part II; and (b) on giving sufficient proof of his or her identity; shall be given access to the record. (2) A head may refuse to disclose to an individual personal information that is evaluative or opinion material compiled solely for the purpose of determining the individual’s suitability, eligibility or qualifications for employment or for the awarding of contracts and other benefits by the local authority, where the information is provided explicitly or implicitly in confidence. (3) The head of the University of Saskatchewan or the University of Regina may refuse to disclose to an individual personal information that is evaluative or opinion material compiled solely for the purpose of: (a) determining the individual’s suitability for: 890 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020.
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